• Section 12B Mobile radio telephone service; certification; exemptions

Section 12B. No person offering or proposing to offer mobile radio telephone service to the public within the commonwealth shall begin or continue the construction or operation of any mobile radio utility system, or any extension thereof, either directly or indirectly, without a certificate issued by the department which indicates that the public convenience and necessity require such construction, operation or extension. Separate applications and certificates shall be required for each construction, operation or extension in an area not already served by the applicant. Each application shall be accompanied by a nonrefundable filing fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven. The department shall issue rules and regulations governing the issuance of such certificates.

This section shall not be deemed to require a certificate for any of the following:

(a) an extension of a system within any authorized service area within which a radio utility has theretofore lawfully operated;

(b) an extension within or to an authorized service area already served by the radio utility, necessary in the ordinary course of business;

(c) the replacement of facilities within or to any authorized service area already served by a utility;

(d) an extension into an area contiguous to that already served by a radio utility which is not the recipient of mobile radio telephone service from another radio utility, if no certificate for service in such contiguous area has been issued to or applied for by any other radio utility;

(e) the acquisition and operation of any mobile radio utility system for which a certificate had been issued for previous construction and operation by a radio utility.